GRAM PANCHAYAT Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition relates to fishery rights in Konidena P.W.D. tank in Ballikurava Mandal of Prakasam district. The petitioner is Gram Panchayat of Nakkabokkalapadu village within the limits of which the said tank is situated. Jt questions the order of the Government of Andhra Pradesh i.e., the 1st respondent berein, in its Memo. No. 67776/Fish. II/ 90-6 dated 15-5-1991 extending the lease period for the fishery rights in the said tank upto 30-6-1991 in favour of the 4th respondent herein as a special case and setting aside the orders passed by the Collector of Prakasam district in his Proceedings No. 1150/A/90 dated 27-3-1991 allotting the fishery rights in the said tank on lease basis in favour of the petitioner herein for a period of 3 years from Fasli 1400 to 1402 i.e., from 1st July, 1990 to 30th June, 1993 (each Fasli is from 1st July to 30th June of the following year.)

(2.) The petitioner contends that the grant of fishery rights in its favour in the said tank is in accordance with G.O. Ms. No. 776, Food & Agriculture (Fish-Il) Department dated 31-12-1990 and that the lease granted in its favour under the said proceedings of the District Collector dt. 27-3-1991 was cancelled by the 1st respondent without any notice or opportunity to the petitioner and therefore, the said cancellation is opposed to principles of natural justice and has to be set aside. In order to appreciate the contention of the petitioner and its merits, the facts leading up to the impugned order of the 1st respondent dated 15-5-1991 have to be considered in the light of the orders of this Court made in three earlier Writ Petitions.

(3.) Prior to G.O. Ms. No. 776, Food & Agriculture (Fish-II) Department dated 31-12-1990, the grant of fishing rights in Konidena P.W.D. tank and other similar tanks was under the jurisdiction of the Panchayat Raj department of the 1st respondent this was brought into effect by G.O. Ms. No. 497, Food & Agriculture (Fish-Il) Department dt. 27-6-1 988 which also prescribed guidelines for auctioning or leasing of fishing rights in the said tanks. The said G.O. Ms. No. 497 dated 27-6-1988 provides as follows :